A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5-48, relating to
requiring county boards of education to allow students with
disabilities to participate in high school graduation
ceremonies with their peers; prohibiting county boards from
denying continued education services to students with
disabilities due to participating in the graduation
ceremonies; making findings; requiring the Department of
Education to monitor and enforce compliance; and authorizing
rule-making.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5-48, to read as
follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-48. Graduation policy; students with disabilities.

(a) The Legislature finds:

(1) Each year, school districts across this state celebrate
their students' accomplishments through graduation ceremonies
during which high school diplomas are bestowed upon students who
have completed the necessary credits to graduate from high school.

(2) There are many children with disabilities in this state
who have attended all the required years of high school but who
have individualized education programs (IEPs) that prescribe
continued education after the last year of high school, including
regular education, special education, transition planning,
transition services or related services.

(3) It is well established that the awarding of a high school
diploma to, and the high school graduation of, a child with a
disability is tantamount to the termination of eligibility for
special education and related services for the student under
applicable federal law.

(4) Many children with disabilities continue their public
education in accordance with their IEPs after attending high school
wish to celebrate their accomplishments by participating in a
graduation ceremony with their classmates.

(5) The opportunity for classmates with disabilities and those
without disabilities to celebrate their accomplishments together
only occurs once, and the opportunity to celebrate the receipt of
a diploma several years after one's classmates have graduated
diminishes the experience for students whose age peers have left
high school several years earlier.

(b) By May 1, 2013, each county board of education that has a
high school shall have a policy and procedures that allow a student
with a disability who satisfactorily completes a special education
program developed by an IEP team or otherwise meets the
requirements of this code, relating to academic standards and
assessment, but whose IEP prescribes continued education after the
last year of high school, to participate in the graduation ceremony
of the student's high school graduating class and receive a
certificate of attendance. Continued education includes regular
education, special education, transition planning, transition
services or related services. Policies and procedures adopted
pursuant to this section shall:

(1) Be effective in time to allow participation in graduation
ceremonies at the end of the 2012-2013 school year; and

(2) Require timely and meaningful written notice to students
with disabilities and their parents or guardians.

(c) This section does not preclude receipt of a diploma at a
later date if the student with a disability satisfactorily
completes a special education program developed by an IEP team or
who otherwise meets the requirements of this code.

(d) The Department of Education shall monitor and enforce
compliance with this section and is authorized to promulgate rules
for that purpose.

NOTE: The purpose of this bill is to require county boards of
education to allow students with disabilities to participate in
high school graduation ceremonies with their peers. The bill
prohibits county boards from denying continued education services
to students with disabilities due to participating in the
graduation ceremonies. The bill makes findings and authorizes
rule-making. The bill also requires the Department of Education to
monitor and enforce compliance with the new requirements.